Pull the curtain on Charity Hospital's hearings: An editorial

The arbitration panel that will set federal payments for Charity Hospital's damage during Katrina has begun its important work. But New Orleanians and taxpayers across the nation are being kept out -- and that's unfortunate.

Chris Granger/The Times-PicayuneThe Charity Hospital in New Orleans.The Civilian Board of Contract Appeals, to which the judges belong, and the Federal Emergency Management Agency decided to hold this week's hearings behind closed doors. The Civilian Board usually operates that way because it's designed to resolve disputes between the federal government and its contractors, who understandably expect and deserve some privacy to protect proprietary information.

But the parties in the Charity dispute, FEMA and the state of Louisiana, are both public entities. FEMA offered $150 million for Charity damage, but the state argues the federal government owes $492 million. Whatever amount the judges adjudicate will all be public money, and that process should be done in public.

There's very high public interest in this process across our region. The decision will impact how much Louisiana must borrow to build a proposed teaching hospital to replace Charity. That's a major piece for the future of our area's health care and economy. Additionally, civic and business groups in favor of the new hospital, as well as groups that want to reopen Charity instead, have a right to follow the proceedings. FEMA has vowed to provide a full transcript after the hearings, an unusual step for the Civilian Board. Officials also said they will release all reports and testimony -- but again, after the fact.

That's not enough. The public should be allowed into the hearings. Some people argue that would make the negotiations more difficult. But the hearings can be held while ensuring the public's presence won't be disruptive -- as it's done in courtrooms across the nation on any given day. Open hearings also would help instill public confidence in the fairness of the process.

The judges will have 60 days to issue their ruling, and the board usually announces decisions in brief statements. That won't do this time. The judges should issue a detailed explanation of their decision, including what factors they considered in arriving at a figure.